Responding to a civil summons.

[speaksoftly]

What is the name of your state (only U.S. law)? Ohio

I received a summons about a medical bill from 11/07. I've double checked all of the information and this is my debt and they are suing for the correct amount. What I'm trying to do is answer this summons so I can negotiate for a payment plan. I've been scouring the internet for a way to say "yes this is my debt, and the information is correct." All I've seen is examples of denying that the debt is mine.

Thank you for the help.What is the name of your state (only U.S. law)?

[JETX]

Originally Posted by speaksoftly

I received a summons about a medical bill from 11/07. I've double checked all of the information and this is my debt and they are suing for the correct amount. What I'm trying to do is answer this summons so I can negotiate for a payment plan. I've been scouring the internet for a way to say "yes this is my debt, and the information is correct." All I've seen is examples of denying that the debt is mine.

First, your planned 'tactic' of delaying a lawsuit to negotiate will not work. The time to have done that was BEFORE the lawsuit was filed. They have already expended the costs of litigation and there is simply no reason for them to negotiate a reduced amount. The only 'negotiation' that you might have is for a payment plan in lieu of a judgment against you.

Second, if you still insist on this 'plan', file a 'Simple Denial' of all the claims made and ask the court to set a hearing date.

[speaksoftly]

I'm not understanding the reason why I should file a denial if the debt is mine? What's the point of denying it if all of the information is correct?

[KJHOOK13]

To get your day in court to negotiate a payment plan.

[speaksoftly]

I've already got a way to negotiate the payment plan, but I still don't know how to answer the summons.

[JETX]

Originally Posted by speaksoftly

I'm not understanding the reason why I should file a denial if the debt is mine? What's the point of denying it if all of the information is correct?

KJHook is NOT correct.

You have three options:
1) You can fail to answer the lawsuit and they will file a 'Motion for Summary Judgment' and get a judgment against you.
or
2) You can file a "yep, I owe them" and they will file a 'Motion for Summary Judgment' and get a judgment against you.
or
3) You can file a 'general denial' and the court will schedule a hearing for the plaintiff to present his evidence, and you to present your defense.

Only the latter one will give you a few weeks extra time to try to negotiate.

[You Are Guilty]

Originally Posted by JETX

KJHook is NOT correct.

You have three options:
1) You can fail to answer the lawsuit and they will file a 'Motion for Default Judgment' and get a judgment against you.
or

Fixed that for ya.

[JETX]

Originally Posted by You Are Guilty

Fixed that for ya.

YAG.... thank you. Of course, you're 'correction' is correct. Mea Cupla!!

[KJHOOK13]

Ok--this debt has been turned over to attorneys for collection. If OP files the simple denial, granted she has bought more time prior to the hearing - but will that make the collection attorneys more willing to negotiate pre-hearing? Bottom line is that they want a judgement, right? So I guess what you are saying is that she may be successful prior to the court date in setting up a payment plan through the attorney's office and avoid having a judgement on her record?

Once a debt is turned over to a collection agency don't they get a certain percent of the debt collected? Can they get their percentage without having a judgement?

Thanks,

KJ

[JETX]

Originally Posted by KJHOOK13

If OP files the simple denial, granted she has bought more time prior to the hearing - but will that make the collection attorneys more willing to negotiate pre-hearing?

Possible (to avoid the time in court), but unlikely in my opinion.

Bottom line is that they want a judgement, right?

No. They want PAYMENT.

So I guess what you are saying is that she may be successful prior to the court date in setting up a payment plan through the attorney's office and avoid having a judgement on her record?

Correct.

Once a debt is turned over to a collection agency don't they get a certain percent of the debt collected? Can they get their percentage without having a judgement?

Yes.... and yes.

[KJHOOK13]

Ok--thanks.

[speaksoftly]

I got everything sent in and settled.